Thursday, 10 August 2017

LOCAL legal firm, Messrs Chinyama and Partners, has taken
Harare businessman and musician, Energy Mutodi and his housing firm National
Housing Development Trust (NHDT), to court over unpaid legal fees amounting to
$30 000.

The law firm issued the summons against Mutodi sometime
last year after the latter allegedly failed to pay for legal services rendered
to him between January 2014 and January 2015.

Mutodi and the legal firm are now appearing before High
Court judge, Justice Charles Hungwe, who is deliberating on the parties’
pre-trial conference before the matter is set down for a full trial.

In its litigation, the law firm said it provided Mutodi
with professional services at his request when he was facing several
allegations of theft of trust property.

“The plaintiff (Messrs Chinyama and Partners) went to
provide professional services to the first defendant (Mutodi) in several civil
matters and in a matter where first defendant was arrested by police for
failure to secure a firearm. The first and second defendants (NHDT) paid a
portion of the agreed fees, leaving a balance of $30 000, which they
acknowledged to be owing in writing,” the law firm said.

“… despite demand, first and second defendants have refused
or neglected to pay the outstanding balance.”

However, in his response, Mutodi said there was no legal
basis for the law firm to sue him in his “personal capacity for transactions
that were made on behalf of the company with a separate legal personality”.

“Defendant specifically denies owing the plaintiff the
amount claimed and any amount at all and puts the plaintiff to the strictest
proof thereof. The purported acknowledgement of debt relied upon by the
plaintiff was signed under threat of withdrawal of legal services if the
acknowledgement was not signed,” he said.

“The plaintiff is
challenged to provide its detailed legal bill and highlight what was paid by
the defendant. The defendant paid the plaintiff $75 000 towards the legal bill,
which is way much more than the legal fees payable to the plaintiff. Newsday